A PHARMACIST who had a conviction – and a 30-day jail sentence – for possession of cocaine during the Kinsale Rugby Sevens six years ago overturned, has been censured by his professional regulatory body over the matter.
BY SEÁN McCÁRTHAIGH
Seán O’Leary (32) consented to the sanction from the Pharmaceutical Society of Ireland (PSI) after the matter was investigated by the sector’s watchdog.
The PSI has agreed to accept an undertaking by the pharmacist about his future conduct.
Mr O’Leary, who has been registered with the PSI since November 2016, currently works as a supervising pharmacist with a pharmacy in Munster.
A complaint was referred to the PSI in June 2022 following media reports that named Mr O’Leary as one of several individuals arrested for unlawful possession of a controlled drug in May 2019.
The pharmacist was convicted in January 2020 for possession of cocaine to the value of €70 after being searched by gardáí on May 5th 2019 in Kinsale during the Kinsale Rugby Sevens.
He was sentenced to 30 days in prison for the offence despite emotional pleas from his father.
Judge James McNulty claimed young professionals were funding ‘a murderous business’ in buying cocaine.
The court heard Mr O’Leary had no previous convictions and had been given the drug by another person.
The judge remarked that the accused was an example of a gifted, privileged, spoilt generation.
However, Mr O’Leary succeeded in having the conviction overturned following an appeal to Cork Circuit Criminal Court (CCC) in December 2020.
The CCC reversed the order of Clonakilty District Court and expunged any record of any form of conviction after the pharmacist made a charitable contribution of €1,000.
The PSI inquiry heard that the regulatory body was contacted by Mr O’Leary’s solicitor, Frank Buttimer, following a report by an authorised PSI officer into the newspaper articles about his prosecution.
Mr Buttimer indicated his client was willing to attend for a cautioned interview as requested.
At the interview on March 14th 2022, Mr O’Leary outlined in significant details the events which led to what he described as ‘a foolish error’ made after he had been drinking.
Mr O’Leary said he had subsequently done everything possible to rectify his error including engaging with all health bodies and a support programme for healthcare professionals through his GP and a local counsellor.
He said he had committed to the testing of his hair and urine samples and provided test results for the previous two years which were all negative.
Mr Buttimer said his client would give an undertaking not to repeat the conduct – namely have any controlled drugs in his possession other than those required in the course of his employment as a pharmacist, or where validly prescribed for him by a medic.
The solicitor said Mr O’Leary also consented to being censured by the PSI’s council.
It was noted that there was no evidence of the pharmacist consuming cocaine as the complaint related to possession of the drug.
Mr Buttimer said the process, which had lasted five years, had been a serious burden on his client.
‘His life is not about anything other than his work and, you know, ordinary things that we all appreciate,’ said Mr Buttimer.
The inquiry’s chairperson, Dermott Jewell, said the committee was satisfied that it was appropriate to request and accept the pharmacist’s undertaking as the incident happened at an early stage of his career.
He said the committee was satisfied that it was ‘very much a once-off incident arising from a very serious lapse of judgement.’
However, Mr Jewell stressed that the possession of any controlled drug by a registered pharmacist is extremely serious and would not be tolerated.
The committee also noted an opinion by one of Mr O’Leary’s medical advisors that he does not have a substance misuse issue or any underlying mental health problems.
The man’s employer told the PSI that Mr O’Leary had special qualities, was empathetic and goes out of his way to advocate for patients, as well as being upfront and regretful about his actions and working tirelessly to become a better person.
Mr Jewell said the committee was satisfied that he does not represent a danger to the public.
